Alex Akselrod
boosted
The admin deported people it designated as Tren de Aragua members to a notorious prison in #ElSalvador where, it argued, #US #courts could not order them freed.
In a deal announced in July, more than 250 of the deported immigrants returned to #Venezuela.
The #AlienEnemiesAct was only used 3 times before in US history, all during declared #wars — in the War of 1812 & the two World Wars.
#Trump #law#ImmigrationLaw #immigration#5thCircuit#AbuseOfPower#Constitution#DueProcess #rendition
“A country’s encouraging its residents & citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States,” the judges wrote.
In a lengthy dissent, Oldham complained his two colleagues were second-guessing Trump’s conduct of foreign affairs & national security, realms where courts usually give the president great deference.
“The majority’s approach to this case is not only unprecedented—it is contrary to more than 200 years of precedent,”Oldham wrote [ridiculous].
The panel did grant the #Trump admin one legal victory, finding the procedures it uses to advise detainees under the #AlienEnemiesAct of their legal rights is appropriate.
The ruling can be appealed to the full #5thCircuit or directly to the #SCOTUS, which is likely to make the ultimate decision on the issue.
The admin deported people it designated as Tren de Aragua members to a notorious prison in #ElSalvador where, it argued, #US #courts could not order them freed.
In a deal announced in July, more than 250 of the deported immigrants returned to #Venezuela.
The #AlienEnemiesAct was only used 3 times before in US history, all during declared #wars — in the War of 1812 & the two World Wars.
#Trump #law#ImmigrationLaw #immigration#5thCircuit#AbuseOfPower#Constitution#DueProcess #rendition
The #Trump admin unsuccessfully argued that courts cannot second-guess the president’s determination that Tren de Aragua was connected to #Venezuela’s government & represented a danger to the #US, meriting use of the act.
In a 2-1 ruling, the judges said they granted the preliminary injunction sought by the plaintiffs because they “found no invasion or predatory incursion” in this case.
#law#AlienEnemiesAct#ImmigrationLaw #immigration#5thCircuit#AbuseOfPower#Constitution#DueProcess
The admin deported people it designated as Tren de Aragua members to a notorious prison in #ElSalvador where, it argued, #US #courts could not order them freed.
In a deal announced in July, more than 250 of the deported immigrants returned to #Venezuela.
The #AlienEnemiesAct was only used 3 times before in US history, all during declared #wars — in the War of 1812 & the two World Wars.
#Trump #law#ImmigrationLaw #immigration#5thCircuit#AbuseOfPower#Constitution#DueProcess #rendition
#LeeGelernt, who argued the case for the #ACLU, said Tuesday: “The #Trump administration’s use of a wartime statute during peacetime to regulate #immigration was rightly shut down by the court. This is a critically important decision reining in the administration’s view that it can simply declare an emergency without any oversight by the courts.”
#law#AlienEnemiesAct#ImmigrationLaw#5thCircuit#ExecutiveOverreach#AbuseOfPower#Constitution#DueProcess #rendition#StateSponsoredAbduction
A 3-judge panel of the #5thCircuit Court of Appeals, one of the most #conservative federal appeals courts in the country, agreed with #ImmigrantRights lawyers & lower court judges who argued the #AlienEnemiesAct of 1798 was not intended to be used against gangs like Tren de Aragua, the Venezuelan group #Trump targeted in his March invocation.
#law#ImmigrationLaw #immigration#ExecutiveOverreach#AbuseOfPower#Constitution#DueProcess #rendition#StateSponsoredAbduction
🚨 #Trump cannot use #AlienEnemiesAct to deport members of Venezuelan gang, appeals court rules
A federal appeals court panel ruled Tuesday that Trump cannot use an 18th-century wartime #law to speed the #deportations of people his admin accuses of membership in a Venezuelan gang, blocking a signature admin push that is destined for a final showdown at the #SCOTUS.
#law#ImmigrationLaw #immigration#ExecutiveOverreach#AbuseOfPower#Constitution#DueProcess #rendition
https://apnews.com/article/trump-alien-enemies-act-venezuela-9aa913b03c09662aeecdde42901f7706?utm_source=onesignal&utm_medium=push&utm_campaign=2025-09-02-Alien+Enemies+Act
Greg Lloyd
boosted
In reaching her decision, Judge Cobb took particular note of the aggressive evolution of the #Trump administration’s #immigration policy in recent months.
She wrote that in a race to meet quotas — as high as 3,000 immigration arrests per day — the administration had resorted to staking out #courthouses, targeting people pursuing #asylum claims & other pathways to remain in the country legally.
In reaching her decision, Judge Cobb took particular note of the aggressive evolution of the #Trump administration’s #immigration policy in recent months.
She wrote that in a race to meet quotas — as high as 3,000 immigration arrests per day — the administration had resorted to staking out #courthouses, targeting people pursuing #asylum claims & other pathways to remain in the country legally.
Cobb also forcefully rejected the #Trump admin’s argument…that immigrants who crossed the border illegally forfeited certain protections, such as the right to fight their removal in court. She warned the argument was so broad it could easily ensnare US citizens.
“In defending this skimpy process, the government makes a truly startling argument: that those who entered the country illegally are entitled to no process under the #FifthAmendment…,” she wrote.
She wrote that the #Trump admin had taken over a process that was once as simple as turning back immigrants w/negligible ties to the US “after a single conversation with an immigration officer” near the southern border, making it a default practice in places as far away as NY.
“When it comes to people living in the interior of the country, prioritizing speed over all else will inevitably lead the government to erroneously remove people via this truncated process,” Cobb wrote.
In reaching her decision, Judge Cobb took particular note of the aggressive evolution of the #Trump administration’s #immigration policy in recent months.
She wrote that in a race to meet quotas — as high as 3,000 immigration arrests per day — the administration had resorted to staking out #courthouses, targeting people pursuing #asylum claims & other pathways to remain in the country legally.
The case focused on a policy shift…that authorized #DHS to launch quick #deportations, across the country & without court proceedings, of undocumented immigrants who cannot prove they have lived in the country for >2yrs.
Known as expedited removal, such deportations have been carried out for decades, but of people arrested at or near the southern border. The #Trump admin sought to expand the practice nationwide, to hasten the removal of people arrested deep inside the country.
In a 48-page opinion, Judge Jia M. Cobb of the U.S. District Court for the District of Columbia wrote that the #Trump administration had acted recklessly in a frenzied effort to quickly remove as many people as possible, likely violating #DueProcess rights & risking #WrongfulDetentions.
https://storage.courtlistener.com/recap/gov.uscourts.dcd.276674/gov.uscourts.dcd.276674.64.0.pdf
Judge Jia M. Cobb rejected what she called “a truly startling argument” from the government.
A federal judge on Friday blocked the #Trump admin from carrying out fast-track #deportations of people detained far from the southern border, removing, for now, one of the cornerstones of Trump’s campaign to carry out #MassDeportations.
#law #immigration#DueProcess
https://www.nytimes.com/2025/08/29/us/politics/judge-fast-track-deportations.html?smid=nytcore-ios-share&referringSource=articleShare
Cory Doctorow
and 2 others
boosted
willowbl00
boosted
Think the US Constitution is not under threat?
Think again.
Constitution Sections on Due Process and Foreign Gifts Just Vanished from Congress' Website
#us #usa #trump #habeuscorpus #dueprocess #fascism #constitution #usconstitution
Think the US Constitution is not under threat?
Think again.
Constitution Sections on Due Process and Foreign Gifts Just Vanished from Congress' Website
#us #usa #trump #habeuscorpus #dueprocess #fascism #constitution #usconstitution
The way the Trump regime is treating the people it rounds up violates their most basic human rights.
Reporting from the Guardian https://www.theguardian.com/us-news/2025/jul/21/migrants-miami-ice-jail-abuses
Human Rights Watch report https://www.hrw.org/report/2025/07/21/you-feel-like-your-life-is-over/abusive-practices-at-three-florida-immigration
@heidilifeldman Damn. This is just one small clip, but speaks to the treatment:
"in April at the downtown Miami jail, staff turned off a surveillance camera and a “disturbance control team” brutalized detainees who were protesting a lack of medical attention to one of their number who was coughing up blood."